2014 analysis of impediments to fair housing · pdf file2014 analysis of impediments to fair...

1 New Mexico Fair Housing Forum April 9, 2014

2014 Analysis of Impediments

to Fair Housing Choice

Sponsored by the New Mexico

Mortgage Finance Authority and the

Division of Finance and Administration

Local Government Division

Fair Housing Forum


New Mexico

Analysis of Impediments (AI)

States must:

certify that they are Affirmatively

Furthering Fair Housing (AFFH)

as a condition of receiving

federal funds from HUD


New Mexico AI

Certification means three things:

1. Conduct an AI

2. Take action on impediments, if

impediments were found

3. Maintain records of actions


New Mexico AI

Entire purpose of the Study:

Conduct study to identify any

impediments to fair housing

choice, then recommend actions

that address impediments


Content of an AI

Private sector transactions: rental

market (applications, interviews, etc.)

and sales markets (lending, steering,

blockbusting, foreclosure burden, etc.)

Public sector influences: land use

codes, zoning, public policy practices,

neighborhood resistance, etc.

Assessing barriers to housing choice


New Mexico

Fair Housing Forum

Present to you context, fair housing

information, and preliminary results of

analysis

Receive comment, input, and your

experiences with fair housing


Definition of Impediments to

Fair Housing Choice:

Actions, omissions, or decisions

which restrict housing choice

because of protected class

status


Who is protected?

Protected classes

under state and federal law:

Race, color, national origin, religion,

ancestry, sex age (if 40 or over),

physical and mental handicap, serious

medical condition, spousal affiliation,

sexual orientation and gender identity


Review AFFH Court Cases

National Significance:

Westchester County, NY, vs. Antidiscrimination

Center of New York City

Falsely claiming certification

Forced to pay funding back to HUD

Forced to pay legal fees

That County now has very close oversight

AI scrutiny very high throughout the U.S.


2014 New Mexico AI Study Area

Excludes:

Population of Entitlements & Native and Federal Lands


Demographic Change Population by Race and Ethnicity

Non-Entitlement Areas of New Mexico

2000 & 2010 Census SF1 Data

Race 2000 Census 2010 Census % Change

00–10 Population % of Total Population % of Total

White 727,033 63.5% 804,846 66.3% 10.7%

Black 16,650 1.5% 18,572 1.5% 11.5%

American Indian 145,732 12.7% 152,009 12.5% 4.3%

Asian 6,578 .6% 9,309 .8% 41.5%

Native Hawaiian/

Pacific Islander 834 .1% 860 .1% 3.1%

Other 209,491 18.3% 188,921 15.6% -9.8%

Two or More Races 38,042 3.3% 39,847 3.3% 4.7%

Total 1,144,360 100.0% 1,214,364 100.0% 6.1%

Non-Hispanic 647,227 56.6% 646,999 53.3% -.0%

Hispanic 497,133 43.4% 567,365 46.7% 14.1%


Distribution of Native Populations

2000 2010


Distribution of Hispanic Population

2000 2010


Economics:

Poverty in New Mexico Poverty by Age

State of New Mexico

2000 Census SF3 & 2012 Five-Year ACS Data

Age

2000 Census 2012 Five-Year ACS

Persons in

Poverty % of Total

Persons in

Poverty

% of

Total

Under 6 42,736 13.0% 54,386 13.8%

6 to 17 82,482 25.1% 86,437 22.0%

18 to 64 177,374 53.9% 219,225 55.8%

65 or Older 26,341 8.0% 33,091 8.4%

Total 328,933 100.0% 393,139 100.0%

Poverty Rate 18.4% . 19.5% .


Distribution of Poverty

2000 2012


Housing Choices

Housing Units by Tenure Non-Entitlement Areas of New Mexico


Tenure 2000 Census 2010 Census

% Change

00–10 Units % of Total Units % of Total

Occupied Housing Units 405,005 83.6% 447,399 84.2% 10.5%

Owner-Occupied 305,790 75.5% 329,376 73.6% 7.7%

Renter-Occupied 99,215 24.5% 118,023 26.4% 19.0%

Vacant Housing Units 79,608 16.4% 83,741 15.8% 5.2%

Total Housing Units 484,613 100.0% 531,140 100.0% 9.60%


Vacant Housing

Disposition of Vacant Housing Units Non-Entitlement Areas of New Mexico


Disposition

2000 Census 2010 Census % Change

00–10 Units % of Total Units % of Total

For Rent 14,130 17.7% 11,833 14.1% -16.26%

For Sale 7,388 9.3% 6,285 7.5% -14.93%

Rented or Sold, Not Occupied 3,795 4.8% 2,286 2.7% -39.76%

For Seasonal, Recreational,

or Occasional Use 29,220 36.7% 32,369 38.7% 10.78%

For Migrant Workers 315 0.4% 219 0.3% -30.48%

Other Vacant 24,760 31.1% 30,749 36.7% 24.19%

Total 79,608 100.0% 83,741 100.0% 5.2%


Assisted Housing Locations

LIHTC Public Low Rent & Vouchers


Housing Complaints Fair Housing Complaints

Fair Housing Complaints by Basis


2004–2013 HUD Data

Basis 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Total

Disability 8 16 8 6 4 13 5 10 7 9 86

Race 2 7 5 9 6 4 3 2 2 4 44

National Origin 6 4 4 2 1 7 3 27

Family Status 7 4 2 1 2 1 1 1 1 1 21

Sex 2 2 2 1 3 1 2 2 15

Retaliation 2 3 2 1 8

Religion 1 1 2 4

Total Bases 33 42 29 27 21 30 20 30 23 22 277

Total Complaints 22 27 16 16 12 17 9 18 13 11 161



Fair Housing Complaints by Issue Non-Entitlement Areas of New Mexico

2004–2013 HUD Data Issue 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Total

Discriminatory terms, conditions, privileges, or

services and facilities 7 11 7 8 5 5 7 11 8 8 75

Discrimination in term, conditions or privileges

relating to rental 12 14 5 5 5 4 3 3 51

Failure to make reasonable accommodation 4 8 2 3 2 10 3 2 2 36

Discriminatory refusal to rent 2 5 1 3 6 3 2 3 2 2 31

Discriminatory acts under Section 818 (coercion,

etc.) 5 11 3 2 1 3 2 2 29

Discriminatory refusal to rent and negotiate for

rental 2 4 3 1 3 2 1 1 1 18

Failure to permit reasonable modification 2 1 2 2 2 9

Discriminatory financing (includes real estate

transactions) 1 1 1 2 2 6

Otherwise deny or make housing available 1 1 2 4

All Other 3 1 9 6 0 3 2 4 0 0 29

Total Issues 35 56 29 30 21 32 14 27 22 22 288

Total Complaints 22 27 16 16 12 17 9 18 13 13 161



Fair Housing Complaints by Basis

State of New Mexico

2005-13 New Mexico Human Rights Bureau Data

Year Age Handicap National

Origin Race Retaliation

Serious

Medical

Condition

Other Total

Basis

Total

Complaints

2005 1 1 1

2006 1 1 1

2007 1 1 1

2008 1 1 1

2009 1 1 2 2

2010 . .

2011 1 1 1 3 3

2012 . .

2013 2 2 2 6 2

Total Basis 2 3 4 2 2 1 15 11


Mortgage Lending

Purpose of Loan by Year Non-Entitlement Areas of New Mexico

2004–2012 HMDA Data

Purpose 2004 2005 2006 2007 2008 2009 2010 2011 2012 Total

Home Purchase 34,007 41,129 44,623 34,674 20,593 17,888 19,006 18,307 17,373 247,600

Home

Improvement 6,697 8,315 9,689 9,908 6,866 3,986 3,124 2,607 2,676 53,868

Refinancing 47,848 49,492 52,075 47,573 34,461 42,371 32,219 27,550 32,360 365,949

Total 88,552 98,936 106,387 92,155 61,920 64,245 54,349 48,464 52,409 667,417


Mortgage Lending

Denial Rates by Year Non-Entitlement Areas of New Mexico


25.2

22.3

22.4 23.8 23.9

22.0

26.0

32.3

34.6

14.0

19.0

24.0

29.0

34.0

39.0

2004 2005 2006 2007 2008 2009 2010 2011 2012

Den

ial R

ate


Mortgage Lending – Denial Rates

2004-2011 2012


Mortgage Lending Denial Rates by Race and Ethnicity



49.4

20.2

27.4

22.1

19.7

31.9

10.0

15.0

20.0

25.0

30.0

35.0

40.0

45.0

50.0

55.0

American Indian Asian Black White Non-Hispanic Hispanic

Den

ial R

ate

by R

ace

2004 2005 2006 2007 2008 2009 2010 2011 2012

52.1% 48.0% 38.0% 45.5% 41.8% 39.1% 39.1% 56.9% 68.8%

Annual American Indian Denial Rates


Native American Applications Native American Applications by Property Type

Non-Entitled Areas of New Mexico

2012 HMDA Data

Action Single Family Manufactured

Housing Total

Originated 124 114 238

Denied 30 496 526

Total 154 610 764

Denial Rate 19.5 81.3 68.8

Native American Manufactured Home Lending

Non-Entitled Areas of New Mexico

2012 HMDA Data Lender Originated Denied Total Denial Rate Regulatory Agency

Lender A 49 318 367 86.6 HUD

Lender B 38 134 172 77.9 HUD

All Other 27 44 71 62.0 Misc

Total 114 496 610 81.3 .


Native American Applications

Major Manufactured Homes Lenders by Action by Race Non-Entitled Areas of New Mexico

2012 HMDA Data

Name Action American

Indian Asian Black

Native

Hawaiian White N.A. Total

Lender A

Originated 49 1 0 1 63 65 179

Denied 318 3 9 5 330 411 1,076

Denial Rate 86.6 75.0 100.0 . 84.0 86.3 85.7

Lender B

Originated 38 2 2 0 190 113 345

Denied 134 4 10 0 277 379 804

Denial Rate 77.9 66.7 83.3 . 59.3 77.0 70.0


Native American Denial Rates

2004-2011 2012


Hispanic Denial Rates

2004-2011 2012


Predatory Mortgage Lending

Originated Owner-Occupied Loans by HAL Status Non-Entitlement Areas of New Mexico


Loan Type 2004 2005 2006 2007 2008 2009 2010 2011 2012 Total

Other 11,946 12,193 13,334 11,193 7,484 6,932 6,861 6,010 6,012 81,965

HAL 1,893 3,347 3,499 1,873 895 549 454 561 669 13,740

Total 13,839 15,540 16,833 13,066 8,379 7,481 7,315 6,571 6,681 95,705

Percent HAL 13.7% 21.5% 20.8% 14.3% 10.7% 7.3% 6.2% 8.5% 10.0% 14.4%


Distribution of HALs

2004-2011 2012


Predatory Mortgage Lending

HAL Rates by Race and Ethnicity Non-Entitlement Areas of New Mexico


29.2

10.4

14.8

13.4

11.5

20.3

5.0

10.0

15.0

20.0

25.0

30.0

35.0

American Indian Asian Black White Non-Hispanic Hispanic

HA

L R

ate

by R

ace


Hispanic HAL Rates

2004 - 2011 2012


Native American HAL Rates

2004-2011 2012


Native American HAL Lenders

Major Manufactured Home Lenders by Type of Loan Originated

Non-Entitled Area of New Mexico

2012 HMDA Data

Name Action American

Indian Asian Black

Native

Hawaiian White N.A. Total

Lender A

Other 319 3 9 5 333 414 1,083

HAL 48 1 0 1 60 62 172

HAL Rate 13.1 25.0 0.0 . 15.3 13.0 13.7

Lender B

Other 134 4 10 0 277 379 804

HAL 38 2 2 0 190 113 345

HAL Rate 22.1 33.3 16.7 . 40.7 23.0 30.0


New Mexico AI Fair Housing Survey Questions

https://www.research.net/s/2014-NM-FairHousingSurvey

Role of Respondent State of New Mexico

2014 Fair Housing Survey Data

Primary Role Total

Advocate/Service Provider 5

Local Government 5

Homeowner 3

Other Role 3

Service Provider 2

Renter/Tenant 1

All Other 0

Total 19



Perceptions About Fair Housing Laws State of New Mexico

2014 Fair Housing Survey

Question Yes No Don't

Know Missing Total

Do you think fair housing laws are useful? 14 2 3 19

Are fair housing laws difficult to understand or follow? 6 6 4 3 19

Do you think fair housing laws should be changed? 3 5 8 3 19

Do you thing fair housing laws are adequately enforced? 7 7 5 19



Barriers to Fair Housing in the Private Sector State of New Mexico



Know Missing Total

Are you aware of any questionable practices or barriers to fair housing choice in:

The rental housing market? 6 4 4 5 19

The real estate industry? 3 4 7 5 19

The mortgage and home lending industry? 6 2 6 5 19

The housing construction or accessible housing design fields? 1 7 5 6 19

The home insurance industry? 1 4 9 5 19

The home appraisal industry? 1 4 9 5 19

Any other housing services? 4 3 6 6 19



Barriers to Fair Housing in the Public Sector State of New Mexico



Know Missing Total

Are you aware of any questionable practices or barriers to fair housing choice in:

Land use policies? 4 6 4 5 19

Zoning laws? 4 5 5 5 19

Occupancy standards or health and safety codes? 5 6 3 5 19

Property tax policies? 2 6 6 5 19

Permitting process? 3 4 6 6 19

Housing construction standards? 4 3 5 7 19

Neighborhood or community development policies? 5 5 3 6 19

Limited access to government services, such as employment services? 6 6 2 5 19

Public administrative actions or regulations? 3 4 7 5 19



Local Fair Housing State of New Mexico

2014 Fair Housing Survey Data


Know Missing Total

Are you aware of any city or county fair housing ordinance,

regulation, or plan? 4 10 5 19

Are there any specific geographic areas that have fair housing

problems? 6 1 7 5 19



Fair Housing Activities State of New Mexico



Know Missing Total

Is there a training process available to learn about fair housing laws? 7 7 5 19

Have you participated in fair housing training? 8 2 9 19

Are you aware of any fair housing testing? 2 12 1 4 19f

Testing and education Too Little Right

Amount

Too

Much

Don't

Know Missing Total

Is there sufficient outreach and education activity? 10 1 3 5 19

Is there sufficient testing? 7 1 6 5 19


New Mexico AI Fair Housing Survey Comments Expressed:

Lack of fair housing education

Discrimination in the rental markets, especially

in the more rural areas of the State

Minorities being offered predatory lending

rates

Redlining and NIMBYism exists in New Mexico

Failure to follow ADA construction guidelines

Permitting forms only in English


New Mexico AI Preliminary Impediments – Private Sector:

More frequent denial of home purchase loans to

Native American and Hispanic residents

Apparent predatory lending falls more heavily on

Native American and Hispanic borrowers

Discriminatory terms, conditions, privileges, or

facilities relating to rental

Discriminatory refusal to rent

Failure to make reasonable accommodation or

modification

Insufficient understanding of Fair Housing Laws


New Mexico AI Preliminary Impediments – Public Sector:

Insufficient understanding of Fair Housing Laws

Insufficient fair housing testing and enforcement in

Non-entitled areas of New Mexico

Fair Housing infrastructure largely lacking outside of

Albuquerque and Santa Fe

Little access/use of NM Human Rights Bureau

Insufficient oversight of manufactured home lenders

regulated by HUD

NIMBYism


2014 AI

Contact Information:

Ms. Debbie Davis Programs & Initiatives Manager

New Mexico MFA

505-767-2221

[email protected]

2014 analysis of impediments to fair housing · pdf file2014 analysis of impediments to fair...

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